The crash occurred around 11 p.m. Dec. 2 at 2600 Reynolds Park Road in Winston-Salem. David Carmichael, 54, died from injuries sustained in the crash.

In May, the state Attorney General's office charged Womble with one count of misdemeanor death by motor vehicle. State prosecutors took the case at the request of the Forsyth County District Attorney's office.

After the charge was filed, an outside expert investigated the crash at the request of Winston-Salem police.

"Based on that assessment and additional evidence that we gathered, it became clear that we no longer had sufficient evidence to prosecute," officials with the state Attorney General's office said in a statement.

David Freedman, Womble's attorney, said Wednesday that later testimony and investigation determined that Carmichael's lane had crossed the center line, not Womble's.

Police reconstruction showed Womble was in the westbound lane and his car had spun around on impact, Freedman said.

"I'm happy and elated that the facts prove that I was in my lane and the gentleman crossed over into my lane and hit me," Womble said at a Wednesday news conference.

During the initial investigation, Winston-Salem police said Womble swerved into the path of an oncoming vehicle.

Toxicology results showed Carmichael's blood alcohol level was 0.29 percent at the time of the crash, which is three times above the legal limit. Womble's test results didn't show any signs of alcohol.

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